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All open off-street parking areas having more than six parking spaces and all off-street loading and unloading spaces shall be effectively screened from any abutting residential lots by a solid wall or opaque fence six feet high, or by any other device as may be approved by the Council. The screening device shall not extend within ten feet of any street right-of-way. These off-street parking and loading areas within any yard which abuts along a street which is residentially zoned on the side opposite shall be screened from street view by a screening device as approved by the Council.
(1989 Code, § 11.72)
All exterior lighting shall be provided with lenses, reflectors or shades, so as to concentrate illumination on the property of the owner or operator of the illumination devices. Rays of light shall not pass beyond the property lines of the premises utilizing the illumination at an intensity greater than three footcandles measured at property lines abutting residentially zoned property, or ten footcandles measured at property lines abutting street right-of-way or nonresidentially zoned property. No glare shall emanate from or be visible beyond the boundaries of the illuminated premises.
(1989 Code, § 11.73)
(A) With respect to development complexes, the required parking facilities to serve two or more uses may be located on the same lot or in the same structure, provided that the total number of parking spaces furnished shall not be less than the sum of the separate requirements for each use.
(B) With respect to non-development complexes, the Council may approve the joint use of common parking facilities under the following conditions.
(1) The building or use for which application is made to utilize the off-street parking facilities provided by another building or use shall be located within 800 feet of and contiguous to the parking facilities.
(2) The applicant shall show and the Council must determine that there is no substantial conflict in the principal operating hours and parking demands of the two buildings or uses contemplating joint use of off-street parking facilities.
(3) A properly drawn legal instrument providing for joint use of off-street parking facilities, duly approved by the Council as to form and manner of execution, shall be filed as an easement encumbrance upon the title of the property.
(1989 Code, § 11.74) (Ord. 129, eff. 4-24-1976)
(A) Application. All occupations conducted in the home shall comply with the provisions of this section. This section shall not be construed to apply to home occupations accessory to farming.
(B) Procedures and permits. Any permitted home occupation shall require a permit. The city staff shall establish the application form(s) and required information. A fee schedule shall be set by resolution of the Council. In applying for and accepting a permit, the permit holder agrees that his or her monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. The permits shall be issued subject to the conditions of this section. The Planning Commission shall review the application and make a recommendation to the Council, which shall make the final decision. When the city has reason to believe that there has been a change in conditions or that the provisions of this section have been breached, a public hearing shall be held before the Planning Commission to determine continuing eligibility. The Council shall make the final decision on revocation.
(1) Special home occupation. Any home occupation which does not meet the specific requirements for a permitted home occupation as defined in this section shall require a conditional use permit.
(2) Declaration of conditions. The Planning Commission and the Council may impose conditions on the granting of a home occupation permit as may be necessary to carry out the purpose and provisions of this section.
(3) Effect of permit. A home occupation permit may be issued for a period of up to three years each. The permit shall continue for the permit period, until there has been a change in conditions, or until the provisions of this section have been breached.
(4) Transferability. Permits shall not run with the land and shall not be transferable.
(5) Lapse of home occupation permit by non-use. Whenever within one year after granting a permit the approved use has not been established, or the use has been discontinued for more than six months, the permit shall terminate.
(6) Reconsideration. Whenever an application for a permit has been considered and denied by the Council, a similar application for a permit affecting substantially the same property shall not be considered again by the Planning Commission or the Council for at least six months from the date of its denial, unless a decision to reconsider the matter is made by vote of the Council.
(7) Renewal of permits. An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. Each application for the renewal of a permit will be considered de novo. The previous granting of a permit shall not constitute a precedent for the renewal of a permit.
(C) Requirements and general provisions. All home occupations shall comply with the following.
(1) General provisions.
(a) No home occupation shall produce light, glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property.
(b) No equipment shall be used which creates electrical interference to surrounding properties.
(c) Any home occupation shall be clearly incidental and secondary to the residential use of the premises, shall not change the residential character thereof, and shall result in no incompatibility or disturbance to the surrounding residential uses.
(d) No home occupation shall require internal or external alterations or involve construction features not customarily found in dwellings, except where required to comply with local and state fire and police recommendations.
(e) There shall be no exterior storage of equipment or materials used in the home occupation, except personal automobiles used in the home occupation may be parked on the site.
(f) The home occupation shall meet all applicable Fire and Building Codes.
(g) All signage shall be in accordance with the sign regulation provisions of the city code, codified in Chapter 150.
(h) No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00 a.m. unless the occupation is contained entirely within the principal building and will not require any on-street parking facilities.
(2) Requirements; permitted home occupations.
(a) No person other than those who customarily reside on the premises shall be employed.
(b) All permitted home occupations shall be conducted entirely within the principal dwelling and may not be conducted in accessory buildings.
(c) Permitted home occupations shall not create a parking demand in excess of that which can be accommodated in a residential driveway, where no vehicle is parked closer than 15 feet from the curb line or edge of paved surface.
(d) Examples of permitted home occupation include art studio, dressmaking, secretarial services, professional offices and teaching with musical, dancing and other instructions with no more than three pupils at a time.
(3) Requirements; conditional uses.
(a) If nonresident assistance is required to conduct the home occupation business, a home occupation conditional use permit is required.
(b) Examples of special home occupations include barber and beauty services, photography studio, group lessons, saw sharpening, small appliance and small engine repair (maximum of 75 horsepower) and the like.
(c) The special home occupation under a conditional use permit may involve any of the following: stock-in-trade incidental to the performance of the service; repair service or manufacturing which requires equipment other than customarily found in a residence; the teaching with musical, dancing and other instruction of more than three pupils at a time.
(d) Home occupations may be allowed to accommodate their parking demand through utilization of on-street parking. In the cases where on-street parking facilities are necessary, the Council shall have the right to establish the maximum number of on-street spaces permitted and increase or decrease the maximum number when and where changing conditions require additional review.
(D) Nonconforming use. Existing home occupations lawfully existing on the effective date of this section may continue as nonconforming uses. The use shall be required to register under this section and obtain permits as permitted home occupations for their continued operation. Any existing nonconforming home occupation that is discontinued for a period of more than 30 days, or is in violation of the provisions under which it was initially established, shall be brought into conformity with the provisions of this section.
(E) Inspection. The city hereby reserves the right upon issuing any home occupation permit to inspect the premises in which the occupation is being conducted to ensure compliance with the provisions of this section or any conditions additionally imposed.
(1989 Code, § 11.75) (Ord. 14, 2nd Ser., eff. 12-9-1994)
(A) Permit required. No person shall erect a fence without first having received a zoning permit.
(B) Prohibited fences. Except as specifically provided below in division (C) of this section, the following types of dangerous or hazardous fences shall not be permitted in the city:
(1) Barbed wire fences;
(2) Electrical fences;
(3) Spiked fences;
(4) Fences with broken glass or other sharp points imbedded;
(5) Any other type of fence that could result in injuries to persons climbing over; and
(6) Fences that are leaning in a manner that an angle of 15 degrees or more is produced when measured from the vertical.
(C) Exceptions for hazardous fencing. Hazardous or dangerous fences, such as those listed in division (B) above, shall only be permitted in the city for the following uses:
(1) Public utility structures (at least eight feet above grade level); and
(2) Communication support structures (at least eight feet above grade level).
(D) General requirements.
(1) All fences shall be maintained in good and sound condition and shall not create a harborage for rodents.
(2) No fence shall be constructed in a manner as to impede or alter the natural surface water drainage of the property upon which the fence is constructed or any adjoining property.
(3) If a fence is to be painted, it shall be painted with a non-lead base paint.
(4) The finished side of all fences shall face out.
(5) No fence in a residential district may exceed six feet in height.
(6) In any residential district, except as provided in division (D)(7) below, no fence shall be constructed in a front setback past the front building line.
(7) In any residential district, an open fence may be erected on a premises anywhere, including the front setback past the building line and the front and side setbacks past the building lines in the case of corner lots. The height of the fences shall not exceed four feet.
(8) Fences or screening on a side lot line common with an adjoining property may be placed upon the lot line where the owners of the subject properties agree to the type, size, placement and maintenance thereof.
(9) Fencing and screening shall not be placed or encroach within five feet of any underground or above-ground utility located within a utility easement.
(10) Fences that are constructed in a nonresidential district may be either open or solid fences and shall not exceed eight feet in height.
(11) Any fence erected around a recreational activity, such as a tennis court or a baseball backstop, may exceed the height requirement set forth in this section.
(E) Nonconforming use. Should an applicant request a permit for a fence that does not meet the requirements listed in division (D) above, he or she may apply for a variance. As part of this application, the applicant shall explain in writing how the proposed fence does not meet the general requirements of division (D) above and why those requirements cannot be met.
(F) Effective date. This section shall be in full force and effective from and after its passage, approval and publication on August 12, 2010, as provided by law.
(1989 Code, § 11.76) (Ord. 15, 2nd Ser., eff. 12-9-1994; Ord. 57, 2nd Ser., passed 8-3-2010)
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
GARAGE, RUMMAGE OR YARD SALE. Any display and sale of personal property, conducted on premises located in any residentially zoned district by the occupant and which garage or rummage sale does not require a business license or make taxable sales, leases or services.
(B) Restrictions and prohibitions.
(1) None of the items offered for sale shall have been obtained for resale or received on consignment for sale.
(2) Any garage, rummage or yard sale (community or neighborhood sale) shall be conducted solely within the boundaries of the property owned or occupied by the occupant who is conducting the sale.
(3) There shall be no more than four garage, rummage or yard sales conducted at any one premises during any period of 12 calendar months.
(4) No garage, rummage or yard sale shall be conducted during any part of more than three consecutive days.
(5) No garage, rummage or yard sale may be conducted before 8:00 a.m. or after 6:00 p.m.
(6) Any related signage shall be limited to the premises and to other residential property, provided permission from the property owner is obtained, and shall be removed at the termination of the sale. The signs shall not exceed six square foot area and may not exceed four feet in height.
(7) There shall be no more than two consecutive sales with 30-day separation between all others.
(8) No garage, rummage or yard sale may be conducted along a detour route.
(9) No garage, rummage or yard sale may be conducted on days when garbage collection service is operating in alleys.
(10) No food or beverage sales allowed except when properly licensed and approved by the County Health Department.
(C) Exceptions. This chapter shall not apply to any sale under court order, nor to any bona fide auction sale, nor to a sale of farm or garden products by the person producing same.
(D) Effective date. This section shall become effective upon the adoption and publication according to law.
(Ord. 55, 2nd Ser., passed 9-1-2009) Penalty, see § 153.999
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